Preview
FILED: NEW YORK COUNTY CLERK 03/12/2024 04:59 PM INDEX NO. 150603/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/12/2024
At I.A.S. parl 16 of the Supreme Court of
the State of New York, held in and for the
County of New York, on the i}day of
,2024
PR-ESENT: Shahabuddeen A. Ally, J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
In the Matter of the Application of DEEPFRAUD Index No.: 150603/2024
TECFINOLOGIES INC. D/B/A EVOLUTIONIQ,
Petitioner, STIPULATED ORDER
REGARDING PRE.
For an Order pursuant to Section3 102(c) of the Civil Practiee ACTION DISCOVERY
Law and Rules to compel disclosure pre-action from: FROM GOOGLE LLC
AMAZON WEB SERVICES, INC., GOOGLE LLC, and MS #1 -DISCOVERY-
MICROSOFT CORP., PRE.ACTION
Respondents,
of the identity of the JOTIN DOE being unknown to the
Petitioner, in an action to be commenced.
WHEREAS, Respondent Google LLC (Google) provides a service called Workspace
through which Google provides custom e-mail services and other products to businesses;
WHEREAS, Petitioner Deepfraud Technologies Inc. d/b/a EvolutionlQ (Petitioner)
requests an order pursuant to CPLR $ 3 102(c) compelling Coogle to produce non-content
identifying information associated with the Workspace account vincent.belanger@ssq.insure
(Workspace Account) that was allegedly used from August 18, 2023 to present to engage in
unfair competition, fraud, and fraudulent inducement against Petitionet, see, e.9., Verified
Petition,!ffi I 1-18, 40, 47;
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FILED: NEW YORK COUNTY CLERK 03/12/2024 04:59 PM INDEX NO. 150603/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/12/2024
WHEREAS, the non-content identifying information Petitioner seeks is limited to the
name, phone number, email addresses, internet protocol (lP) address(es) assigned to the
computer or network connection used by the person or persons who established the Workspace
Account at the time the Workspace Account was established, and reasonably available login IP
addresses assigned to the computer or network conneclion used by the person or persons who
have accessed the Workspace Account, to the extent retained by Google (Non-content Basic
Subscriber Information);
WHEREAS, Google has agreed to preserve Non-content Basic Subscriber Information
associated with the Workspace Account responsive to thc petition pending resolution of this pre-
action discovery matter with respect to Google;
WHEREAS, under CPLR $ 3102(c), pre-action riisclosure is appropriate upon a
determination by the Court that Petitioner has made the requisite showing ofthe existence ofa
meritorious cause of action and the necessity ofthe information sought;
AND WHEREAS, subject to consideration of anv objections filed in this Court by the
user(s) of the workspace Account as further described in paragraphs 2-3 below, the court
HEREBY FINDS that Petitioner has made the requisite showing pursuant to GPLR $ 3102(c)
concerning the existence of a meritorious cause of action and the necessity ofthe Non-content
Basic Subscriber Information, issues upon which Google takes no position;
NOW, TIiEREFORE, it is hereby ORDERED that:
1. Within five (5) business days ofreceipt by Google's counsel ofthis signed Order, Ooogle
shall attempt to email a copy of this Order and the Verified Petition (Pleadings) to the user(s) of
the Workspace Account.
')
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FILED: NEW YORK COUNTY CLERK 03/12/2024 04:59 PM INDEX NO. 150603/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/12/2024
2. THE FOLLOWING NOTICE IS I{EREBY GIVEN BY TI.IE COURT TO THE
USER(S) OF THE ACCOUNT: YOU ARE HEREBY INFORMED BY THE COURT THAT IT
WILL CONSIDER YOUR OBJECT1ONS TO T}IE CONI'EMPLAI'ED PRODUCTION OF
THE NON.CONTENT BASIC SUBSCRIBER INFORMATiON, PROVIDED TTIAT SUCH
OBJECTIONS ARE FILED IN THIS COURT WITHIN FOURTEEN (14) DAYS FROM THE
DATE OF SERVICE OF THE PLEADINGS PURSUANT TO PARAGRAPH 1 ABOVE.
YOUR FAILURE TO FILE SUCH OBJECTIONS N TITIS COURT WITHIN THIS TIME
PERIOD MAY RESULT IN THE COURT REFUSI}{O
'i'O HEAR SUCH OBJECTIONS. N
ORDER 1'O ASSERT YOUR OBJECTIONS, YOIJ MUS'I FILE WRITTEN PAPERS WITH
T}IE COURT iN OPPOSITION TO PETITiONER'S REQUEST FORNON-CONTENT
BASIC SUBSCRIBER INFORMATION AND SERVE A COPY OF ANY SUCH PAPERS ON
PE|ITIONER'S COTINSEL.{NID GOOGLE'S COIINSEL WITHIN FOURTEEN (14) DAYS
FROM THE DATE OF SERVICE DESCRIBED Ij\i PAfu\GRAPH 1 ABOVE.
3. In the event that the user(s) of the Workspace Account files and serves papers in
opposition to Petitioner's request for pre-action disclosure within the time period described in
paragraph 2 above, Google shall not produce any Non-content Basic Subscriber Information
pending a further order ofthe Court.
4. In the event that the user(s) of the Workspace Account fails to file and serve papers in
opposition to Petitioner's request for pre-action disclosure within the time period described in
paragraph 2 above, Google shall produce the Non-content Basic Subscriber Infonnation to
Petitioner's counsel within five (5) business days of the expiration of the time period described
in paragraph 2 above.
-3-
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FILED: NEW YORK COUNTY CLERK 03/12/2024 04:59 PM INDEX NO. 150603/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/12/2024
5. In the event that Google produces the Non-content Basic Subscriber Information in this
matter, Petitioner shall file the Stipulated Order of Discontinuance as to Google LLC attached
hereto as Exhibit A within fourteen (14) days ofreceiving the Non-content Basic Subscriber
Information or show cause as to why Petitioner has failed to do so. IfPetitioner fails to file the
Stipulated Order of Discontinuance as to Google LLC or show cause as to why it has failed to do
so within the requisite time, Google is authorized to file the Stipulated Order of Discontinuance
as to Google LLC on behalf of itself and Petitioner.
6. This Order is entered without prejudice to Google's right to object to jurisdiction in New
York in any other future or pending matters.
IT IS SO STIPULATED.
DATED: \\ 2024 GOLENBOCK EISEMAN ASSOR BELL &
PESKOE LP
By / /,-
S. Preston Ricardo
71 1 Third Avenue
New York, NY 10017
212-907-7341
pricardo@ golenbock. com
Attorneys for P etitioner
DATED: March 11, 20?9024 PERKINS COIE LLP
by:
/-DduS'9..d
s'' I .Lfln, Vounuvv
.l.riiF,9':'Ei.lrug1r'..
1155 Avenue of the Americas, 22nd Floor
New York, NY 10036
212-262-6912
JVanacore@perkinscoie. com
Attorneys for Respondent Google LLC
IT IS SO ORDERED this IL day of rJV\ anr (rt .20
Hon. S n A. All J.S.C.
4-
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FILED: NEW YORK COUNTY CLERK 03/12/2024 04:59 PM INDEX NO. 150603/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/12/2024
Lx.r{itJi -: A
At LA.S. part 16 of the Supreme Court of
thd Stat* of New York, held irr and for tire
Countv ofNew York, on the day of
2024 -
PRESENT: Shahabuddeen A. Ally, J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
In the Matter of the Application of DEEPI'LAUD Index No.: 15060312024
TECHNOLOGIES INC. D,ts/A EVOLUTIONIQ,
Petitioncr, STIPULATED ORDER OT'
DTSCONTINUANCE AS TO
For an Order pursuant to Section 3102(c) of thc Civil Practice GOOGLE LLC
Law and Rules to compel disclosure pre-action from:
MS #1 -DISCOVERY _
AMAZON WEB SERVICES, INC., GOOGLE LLC, ar"d PRE.ACTION
MICROSOFT CORP.,
ResPondents,
of the identity of the JOUN DOE being unknown to the
Petitioner, in an action to be commenced.
IT IS HEREBY STIPULATED AND AGREED by and between Petitioner Deepfraud
Technologies Inc. d/b/a EvolutionlQ (Petitioner) and Rcspondent Google LLC (Google), acting
by their undersigned attomeys, that whereas neither Petitioner nor Google are infants nor
incompetent persons for whom a committee has been appointed, and no person not a party has aII
interest in the subject malter ofthe action with respect to Google. that the above-entitled action
be, and the same is hereby discontinued solely with respect to Google, without costs or
attomeys' fees to either Petitioner or Google.
IT IS ALSO HEREBY STIPULATED AND ACREED that this stipulation mav be
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FILED: NEW YORK COUNTY CLERK 03/12/2024 04:59 PM INDEX NO. 150603/2024
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/12/2024
executed in any number of counterparts and transmitted by facsimile, digitally or by similar means,
and the reproduction of signatures by facsimile or digirally, nr hy similar meafls, shall be treated
as binding as if origirals.
IT IS THEREFOR.E ORDERED that, pursuant to CPLR $ 3217, this proceeding is
discontinued solely with respect to Google.
IT IS SO S'TPULATED.
DAT'ED: 2024 GOLENBOCK EISEMAN ASSORBELL &
PESKOE LP
By:-
S.Presto Ricardo
71I Third Avenue
New York, NY 10017
212-907-1341
pricardo@golerrbock.com
Attor neys./br P etiti oner
DATED: )o)4 PF;RKjNS CoIE LLP
Bv:
Jeffrey D. Valacore
1155 Avenue nf the Americas, 22nd Floor
New York, NY 10036
212-262-69t2
JVanacore@perkinscoie.com
Attorneys for Respondent Google LLC
IT IS SO ORDERED this daY of 2024.
FIon. Shahabuddeen A. Ally, J.S.C.
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Preview
FILED: NEW YORK COUNTY CLERK 03/12/2024 04:59 PM INDEX NO. 150603/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/12/2024 At I.A.S. parl 16 of the Supreme Court of the State of New York, held in and for the County of New York, on the i}day of ,2024 PR-ESENT: Shahabuddeen A. Ally, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the Matter of the Application of DEEPFRAUD Index No.: 150603/2024 TECFINOLOGIES INC. D/B/A EVOLUTIONIQ, Petitioner, STIPULATED ORDER REGARDING PRE. For an Order pursuant to Section3 102(c) of the Civil Practiee ACTION DISCOVERY Law and Rules to compel disclosure pre-action from: FROM GOOGLE LLC AMAZON WEB SERVICES, INC., GOOGLE LLC, and MS #1 -DISCOVERY- MICROSOFT CORP., PRE.ACTION Respondents, of the identity of the JOTIN DOE being unknown to the Petitioner, in an action to be commenced. WHEREAS, Respondent Google LLC (Google) provides a service called Workspace through which Google provides custom e-mail services and other products to businesses; WHEREAS, Petitioner Deepfraud Technologies Inc. d/b/a EvolutionlQ (Petitioner) requests an order pursuant to CPLR $ 3 102(c) compelling Coogle to produce non-content identifying information associated with the Workspace account vincent.belanger@ssq.insure (Workspace Account) that was allegedly used from August 18, 2023 to present to engage in unfair competition, fraud, and fraudulent inducement against Petitionet, see, e.9., Verified Petition,!ffi I 1-18, 40, 47; 1 of 6 FILED: NEW YORK COUNTY CLERK 03/12/2024 04:59 PM INDEX NO. 150603/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/12/2024 WHEREAS, the non-content identifying information Petitioner seeks is limited to the name, phone number, email addresses, internet protocol (lP) address(es) assigned to the computer or network connection used by the person or persons who established the Workspace Account at the time the Workspace Account was established, and reasonably available login IP addresses assigned to the computer or network conneclion used by the person or persons who have accessed the Workspace Account, to the extent retained by Google (Non-content Basic Subscriber Information); WHEREAS, Google has agreed to preserve Non-content Basic Subscriber Information associated with the Workspace Account responsive to thc petition pending resolution of this pre- action discovery matter with respect to Google; WHEREAS, under CPLR $ 3102(c), pre-action riisclosure is appropriate upon a determination by the Court that Petitioner has made the requisite showing ofthe existence ofa meritorious cause of action and the necessity ofthe information sought; AND WHEREAS, subject to consideration of anv objections filed in this Court by the user(s) of the workspace Account as further described in paragraphs 2-3 below, the court HEREBY FINDS that Petitioner has made the requisite showing pursuant to GPLR $ 3102(c) concerning the existence of a meritorious cause of action and the necessity ofthe Non-content Basic Subscriber Information, issues upon which Google takes no position; NOW, TIiEREFORE, it is hereby ORDERED that: 1. Within five (5) business days ofreceipt by Google's counsel ofthis signed Order, Ooogle shall attempt to email a copy of this Order and the Verified Petition (Pleadings) to the user(s) of the Workspace Account. ') 2 of 6 FILED: NEW YORK COUNTY CLERK 03/12/2024 04:59 PM INDEX NO. 150603/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/12/2024 2. THE FOLLOWING NOTICE IS I{EREBY GIVEN BY TI.IE COURT TO THE USER(S) OF THE ACCOUNT: YOU ARE HEREBY INFORMED BY THE COURT THAT IT WILL CONSIDER YOUR OBJECT1ONS TO T}IE CONI'EMPLAI'ED PRODUCTION OF THE NON.CONTENT BASIC SUBSCRIBER INFORMATiON, PROVIDED TTIAT SUCH OBJECTIONS ARE FILED IN THIS COURT WITHIN FOURTEEN (14) DAYS FROM THE DATE OF SERVICE OF THE PLEADINGS PURSUANT TO PARAGRAPH 1 ABOVE. YOUR FAILURE TO FILE SUCH OBJECTIONS N TITIS COURT WITHIN THIS TIME PERIOD MAY RESULT IN THE COURT REFUSI}{O 'i'O HEAR SUCH OBJECTIONS. N ORDER 1'O ASSERT YOUR OBJECTIONS, YOIJ MUS'I FILE WRITTEN PAPERS WITH T}IE COURT iN OPPOSITION TO PETITiONER'S REQUEST FORNON-CONTENT BASIC SUBSCRIBER INFORMATION AND SERVE A COPY OF ANY SUCH PAPERS ON PE|ITIONER'S COTINSEL.{NID GOOGLE'S COIINSEL WITHIN FOURTEEN (14) DAYS FROM THE DATE OF SERVICE DESCRIBED Ij\i PAfu\GRAPH 1 ABOVE. 3. In the event that the user(s) of the Workspace Account files and serves papers in opposition to Petitioner's request for pre-action disclosure within the time period described in paragraph 2 above, Google shall not produce any Non-content Basic Subscriber Information pending a further order ofthe Court. 4. In the event that the user(s) of the Workspace Account fails to file and serve papers in opposition to Petitioner's request for pre-action disclosure within the time period described in paragraph 2 above, Google shall produce the Non-content Basic Subscriber Infonnation to Petitioner's counsel within five (5) business days of the expiration of the time period described in paragraph 2 above. -3- 3 of 6 FILED: NEW YORK COUNTY CLERK 03/12/2024 04:59 PM INDEX NO. 150603/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/12/2024 5. In the event that Google produces the Non-content Basic Subscriber Information in this matter, Petitioner shall file the Stipulated Order of Discontinuance as to Google LLC attached hereto as Exhibit A within fourteen (14) days ofreceiving the Non-content Basic Subscriber Information or show cause as to why Petitioner has failed to do so. IfPetitioner fails to file the Stipulated Order of Discontinuance as to Google LLC or show cause as to why it has failed to do so within the requisite time, Google is authorized to file the Stipulated Order of Discontinuance as to Google LLC on behalf of itself and Petitioner. 6. This Order is entered without prejudice to Google's right to object to jurisdiction in New York in any other future or pending matters. IT IS SO STIPULATED. DATED: \\ 2024 GOLENBOCK EISEMAN ASSOR BELL & PESKOE LP By / /,- S. Preston Ricardo 71 1 Third Avenue New York, NY 10017 212-907-7341 pricardo@ golenbock. com Attorneys for P etitioner DATED: March 11, 20?9024 PERKINS COIE LLP by: /-DduS'9..d s'' I .Lfln, Vounuvv .l.riiF,9':'Ei.lrug1r'.. 1155 Avenue of the Americas, 22nd Floor New York, NY 10036 212-262-6912 JVanacore@perkinscoie. com Attorneys for Respondent Google LLC IT IS SO ORDERED this IL day of rJV\ anr (rt .20 Hon. S n A. All J.S.C. 4- 4 of 6 FILED: NEW YORK COUNTY CLERK 03/12/2024 04:59 PM INDEX NO. 150603/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/12/2024 Lx.r{itJi -: A At LA.S. part 16 of the Supreme Court of thd Stat* of New York, held irr and for tire Countv ofNew York, on the day of 2024 - PRESENT: Shahabuddeen A. Ally, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the Matter of the Application of DEEPI'LAUD Index No.: 15060312024 TECHNOLOGIES INC. D,ts/A EVOLUTIONIQ, Petitioncr, STIPULATED ORDER OT' DTSCONTINUANCE AS TO For an Order pursuant to Section 3102(c) of thc Civil Practice GOOGLE LLC Law and Rules to compel disclosure pre-action from: MS #1 -DISCOVERY _ AMAZON WEB SERVICES, INC., GOOGLE LLC, ar"d PRE.ACTION MICROSOFT CORP., ResPondents, of the identity of the JOUN DOE being unknown to the Petitioner, in an action to be commenced. IT IS HEREBY STIPULATED AND AGREED by and between Petitioner Deepfraud Technologies Inc. d/b/a EvolutionlQ (Petitioner) and Rcspondent Google LLC (Google), acting by their undersigned attomeys, that whereas neither Petitioner nor Google are infants nor incompetent persons for whom a committee has been appointed, and no person not a party has aII interest in the subject malter ofthe action with respect to Google. that the above-entitled action be, and the same is hereby discontinued solely with respect to Google, without costs or attomeys' fees to either Petitioner or Google. IT IS ALSO HEREBY STIPULATED AND ACREED that this stipulation mav be 5 of 6 FILED: NEW YORK COUNTY CLERK 03/12/2024 04:59 PM INDEX NO. 150603/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/12/2024 executed in any number of counterparts and transmitted by facsimile, digitally or by similar means, and the reproduction of signatures by facsimile or digirally, nr hy similar meafls, shall be treated as binding as if origirals. IT IS THEREFOR.E ORDERED that, pursuant to CPLR $ 3217, this proceeding is discontinued solely with respect to Google. IT IS SO S'TPULATED. DAT'ED: 2024 GOLENBOCK EISEMAN ASSORBELL & PESKOE LP By:- S.Presto Ricardo 71I Third Avenue New York, NY 10017 212-907-1341 pricardo@golerrbock.com Attor neys./br P etiti oner DATED: )o)4 PF;RKjNS CoIE LLP Bv: Jeffrey D. Valacore 1155 Avenue nf the Americas, 22nd Floor New York, NY 10036 212-262-69t2 JVanacore@perkinscoie.com Attorneys for Respondent Google LLC IT IS SO ORDERED this daY of 2024. FIon. Shahabuddeen A. Ally, J.S.C. 6 of 6